TF03 880020005P128Second Revised Sheet No. 88 TF04 First Revised Sheet No. 88 TF05Edward C. McMurtrie, Vice President/General Manager TF06110503 120903 GENERAL TERMS AND CONDITIONS (Continued) 5. OVERRUN AND UNDERRUN, BALANCING AND PENALTY PAYMENTS (Continued) 5.3 Balancing: (Continued) (1) If an upstream pipeline indicates that the total quantities delivered to Paiute from such pipeline during the month have created a cumulative imbalance such that cumulative delivered quantities are less than ninety-five percent (95%) or greater than one hundred five percent (105%) of the total of the cumu- lative daily quantities scheduled for receipt by Paiute at the applicable Receipt Point under Paiute's Rate Schedules FT-1 and IT-1 at the end of that month, the following shall apply: a. Any Shipper whose cumulative monthly imbalance falls outside a tolerance range of plus or minus five per- cent (5%) of the sum of Shipper's daily scheduled quantities at the end of the month shall be notified by Paiute. Shipper shall have forty-five (45) days after notification by Paiute to reduce its cumulative imbalance to a level that is within such acceptable tolerance range. The makeup of imbalance gas in the forty-five (45) day period shall include any further monthly cumulative imbalance quantities incurred after the notification to Shipper through the forty- fifth (45th) day. b. In the event Shipper fails to reduce its cumulative imbalance as prescribed pursuant to Section 5.3(d)(1)a hereof, Shipper shall be assessed a penalty, but only in the event that Paiute is assessed penalties by the upstream pipeline for a cumulative monthly imbalance. In such event, Paiute shall recover from its Shippers an amount of penalty revenues equal to the amount that Paiute has been assessed by the upstream pipeline. Paiute shall allocate such penalty amount among its Shippers on a pro rata basis, based upon each Shipper's remaining imbalance quantity that is outside of the tolerance range specified in Section 5.3(d)(1)a hereof. (2) If the upstream pipelines indicate that the total quantities delivered to Paiute from each pipeline at the end of the month are within a tolerance range of ninety-five percent (95%) to one hundred five percent (105%) of the total of the daily quantities scheduled for receipt by Paiute at the applicable Receipt Point under Paiute's Rate Schedules FT-1 and IT-1 at the end of that month, no penalties shall apply.